MASTER TERMS OF SERVICE, END-USER LICENSE AGREEMENT (EULA), WAIVER OF LIABILITY, MECHANICAL SERVICE AGREEMENT, AND PRIVACY POLICY
Company Entity: Spline Systems Pty Ltd (ACN: 699 073 188)
App Names: CarProve, Lemon Radar (collectively, the "App", "Software", or "Mobile Service")
Web Platforms: splinesystems.com and associated domains (the "Website")
Physical Services: Mechanical contracting, heavy industry services, custom fabrication, compressor overhaul, cryogenics, gas services, hydraulics, pumps, valves, machining, and plant shutdowns (collectively, "Industrial Services")
Effective Date: June 16, 2026
Jurisdiction: New South Wales, Australia
IMPORTANT NOTICE: READ CAREFULLY BEFORE ACCESSING THE WEBSITE, USING THE APP, OR ENGAGING SPLINE SYSTEMS PTY LTD FOR PHYSICAL SERVICES. This Master Agreement contains a BINDING ARBITRATION PROVISION, a CLASS ACTION WAIVER, and a COMPREHENSIVE WAIVER OF LIABILITY that severely and permanently restricts your legal rights to sue Spline Systems Pty Ltd for financial loss, physical injury, property damage, or death.
By downloading, installing, accessing, utilizing the App, browsing the Website, or contracting Spline Systems Pty Ltd for any Industrial Services, you ("the User", "the Client", or "the Visitor") explicitly acknowledge that you have read, understood, and unconditionally agree to be bound by every clause within this Agreement. If you do not agree to these terms in their entirety, you are expressly prohibited from using our digital platforms or contracting our services and must cease engagement immediately.
PART I: END-USER LICENSE AGREEMENT (EULA), WEBSITE TERMS & USE RESTRICTIONS
1.1 License Grant (Digital Products)
Subject to your strict compliance with this Agreement, Spline Systems Pty Ltd grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access the Website and to download, install, and use the App solely for your personal, non-commercial vehicle inspection purposes on a mobile device that you own or control.
1.2 Intellectual Property Rights (Digital & Physical)
All software code, proprietary diagnostic algorithms, database architectures, user interfaces, vector art, logos, text, website infrastructure, and source code remain the exclusive intellectual property of Spline Systems Pty Ltd. Furthermore, all structural engineering blueprints, CAD files, mechanical designs, custom fabrication specifications, and proprietary machining techniques developed during Industrial Services remain the exclusive intellectual property of Spline Systems Pty Ltd, protected by Australian and international copyright and trademark laws.
1.3 Prohibited Conduct
You strictly agree that you shall NOT, under any circumstances:
Reverse-engineer, decompile, disassemble, or attempt to derive the source code of the App or Website.
Scrape, bulk-extract, or systematically download database items, diagnostic matrices, website content, or user-generated content from our platforms using automated bots, spiders, or manual methods.
Rent, lease, lend, sell, redistribute, or sub-license the App or any proprietary engineering blueprints.
Use the App, Website, or our mechanical designs to create a competing product, software, or business.
Upload any malicious code, viruses, or fraudulent data into the crowdsourced fault systems or web forms.
1.4 Crowdsourced Data & User Content License
If you utilize features designed to collect user data (e.g., submitting personalized vehicle faults or images on the App or Website), you warrant that you own the rights to such content. You grant Spline Systems Pty Ltd a perpetual, irrevocable, worldwide, royalty-free, and fully sublicensable license to aggregate, edit, publish, monetize, and distribute this data within our global analytical systems.
PART II: COMPREHENSIVE WAIVER OF LIABILITY AND RISK ASSUMPTION
2.1 No Professional Mechanical or Financial Advice (App Usage)
The App provides a generalized digital checklist, algorithmic data interpretation, and automated scoring systems designed to assist users with visual inspections of used motor vehicles. The App is strictly an educational and informational framework. While Spline Systems Pty Ltd conducts professional mechanical contracting, the App itself cannot diagnose internal engine wear, structural integrity issues, hidden cosmetic masking, or intermittent electrical faults. You strictly agree that you will not rely solely on the App to make a financial purchasing decision.
2.2 Complete Financial Assumption of Risk (Vehicle Purchasing)
Purchasing a used vehicle carries profound, inherent financial risk. Spline Systems Pty Ltd assumes absolute zero liability for any financial loss, catastrophic mechanical failure, undetected flood damage, odometer tampering, encumbrances, depreciation, or subsequent repair costs you incur after using the App. You unconditionally agree that any vehicle purchase or financial transaction you execute is done entirely at your own risk.
2.3 Explicit Waiver of Physical Injury, Dismemberment, and Death (App Usage)
Inspecting motor vehicles exposes individuals to extreme, unpredictable, and potentially fatal hazards. By using the App to guide an inspection, you assume 100% total, non-transferable liability for your personal physical safety, as well as the safety of bystanders and property. Spline Systems Pty Ltd completely disclaims all liability for any physical injury, illness, burns, dismemberment, electrocution, death, or property damage sustained while using the App.
High-Voltage Electric Vehicle (EV) & Hybrid Hazards:You acknowledge that Electric and Hybrid vehicles contain lethal, high-voltage battery arrays. You agree you will NEVER touch, move, or interfere with thick ORANGE cables, inverters, or high-voltage connectors.
Thermal, Chemical & Mechanical Hazards:You acknowledge that inspecting internal combustion vehicles involves exposure to extreme heat, toxic fluids, and moving machinery. You agree you will NEVER open a radiator cap, coolant expansion tank, or pressurized fluid line. You agree to keep all hands, clothing, hair, and devices entirely clear of cooling fans, serpentine belts, and pulleys, which can activate without warning.
Crushing & Structural Hazards:You agree you will NEVER crawl under, reach beneath, or position any body part under a vehicle that is supported only by a standard jack, uneven ground, or soft surfaces.
2.4 Strict Prohibition of Use While Driving
Operating a mobile device while in control of a motor vehicle is strictly illegal across all Australian states and territories. You are strictly prohibited from holding, interacting with, or viewing the App while in the driver's seat of an active vehicle. Any "Test Drive" instructions provided by the App must be handled exclusively by a secondary passenger or read while the vehicle is parked with the handbrake engaged and the engine off. Spline Systems Pty Ltd accepts absolute zero liability for any traffic infringements, criminal charges, collisions, property damage, injuries, or deaths that occur during a test drive.
2.5 Assumption of Risk for Industrial Services & Mechanical Contracting
When engaging Spline Systems Pty Ltd for physical Industrial Services (including but not limited to heavy industry contracting, compressor overhauls, cryogenics, gas services, hydraulics, pumps, valves, custom machining, welding, and plant shutdowns), the Client acknowledges the extreme inherent dangers associated with heavy industrial environments.
Site Condition Liability:The Client assumes full responsibility for the safety, structural integrity, and compliance of any site, facility, or heavy plant where Spline Systems Pty Ltd is contracted to operate.
High-Pressure & Cryogenic Hazards:The Client acknowledges that working with, overhauling, or modifying cryogenics, high-pressure gas systems, and industrial hydraulics carries severe risks of explosive depressurization, extreme thermal burns (frostbite), and catastrophic structural failure. Spline Systems Pty Ltd shall not be held liable for any pre-existing metal fatigue, latent defects in client-supplied parts, or catastrophic failures resulting from the operational extremes of the client's equipment.
Client Specifications:Where Spline Systems Pty Ltd performs custom fabrication or machining strictly to the exact specifications, measurements, or blueprints provided by the Client, Spline Systems Pty Ltd disclaims all liability for the ultimate functional success, safety, or structural integrity of the final design.
PART III: LIMITATION OF LIABILITY & INDEMNIFICATION
3.1 Maximum Exclusion of Liability
Subject strictly to the non-excludable provisions of the Australian Consumer Law contained within the Competition and Consumer Act 2010 (Cth), Spline Systems Pty Ltd, its directors, employees, contractors, and agents shall NOT BE LIABLE under any legal theory (including negligence, breach of contract, or strict liability) for any direct, indirect, incidental, special, punitive, or consequential damages resulting from your use or inability to use the App, Website, or the execution of Industrial Services.
3.2 Limitation of Damages
In jurisdictions that do not allow the total exclusion of liability, Spline Systems Pty Ltd's total aggregate liability to you for any and all claims shall be strictly limited to:
1. For Digital Services: The total amount paid by you to the company for the App subscription in the twelve (12) months preceding the claim, or $50.00 AUD, whichever is greater.
2. For Industrial Services: The total fee paid exclusively for the specific mechanical contracting job directly giving rise to the claim, excluding materials.
3.3 Complete Indemnification
You agree to fully defend, indemnify, and hold completely harmless Spline Systems Pty Ltd from any and all legal claims, demands, damages, liabilities, losses, judgments, and expenses (including extensive solicitor and court fees) arising directly or indirectly out of:
Your use or misuse of the App or Website.
Your violation of any clause within this Agreement.
Property damage caused to a seller's vehicle during an inspection.
Any physical injury sustained by a passenger, seller, or third party accompanying you during a test drive or inspection.
Any workplace health and safety (WHS) incidents, environmental contamination, or heavy plant failures occurring on your industrial site during or after the provision of our mechanical contracting services.
PART IV: DISPUTE RESOLUTION, JURISDICTION, AND WAIVERS
4.1 Governing Law
This Agreement shall be governed by, construed, and enforced strictly in accordance with the laws of the State of New South Wales, Australia, without regard to its conflict of law principles.
4.2 Mandatory Informal Dispute Resolution
Before initiating any formal legal proceeding, you agree to contact Spline Systems Pty Ltd in writing detailing the nature of the dispute. You agree to allow Spline Systems Pty Ltd a period of thirty (30) days to attempt to resolve the dispute informally.
4.3 Binding Arbitration
If the dispute cannot be resolved informally, you agree that any claim, dispute, or controversy arising out of or relating to this Agreement, the App, the Website, or Industrial Services shall be resolved by binding arbitration administered by the Australian Centre for International Commercial Arbitration (ACICA) in Sydney, New South Wales, rather than in court.
4.4 Explicit Class Action Waiver
YOU AND SPLINE SYSTEMS PTY LTD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
PART V: PRIVACY POLICY & DATA HANDLING
5.1 Compliance and Scope
Spline Systems Pty Ltd strictly adheres to the Australian Privacy Principles (APPs) outlined in the Privacy Act 1988 (Cth). This section details how we collect, process, and secure your digital and offline data.
5.2 Data We Collect
Provided Data:Account credentials (email), vehicle attributes (make, model, odometer), crowdsourced diagnostic text or faults you voluntarily submit, and corporate/contact information submitted via the Website for contracting inquiries.
Automated Data:Generalized hardware parameters, crash logs, IP addresses, website cookies, and mobile advertising identifiers (e.g., Apple IDFA or Google AAID) to present relevant advertisements to free-tier users and monitor website traffic.
Prohibited Data:We do not collect precise GPS tracking, driver’s licence details, or direct financial payment card numbers through the App or Website. All monetization and billing are handled securely by Apple, Google, or our enterprise invoicing systems.
5.3 Use of Data
We utilize your data to deliver core services, generate algorithmic reports, enforce our Terms of Service, display relevant advertisements, coordinate physical industrial contracting, and aggregate anonymous user-submitted faults to enhance our global diagnostic database.
5.4 Third-Party Sharing & Overseas Disclosure
We do not sell your personal identity to data brokers. Data is shared only with verified infrastructure providers required to operate our business:
Google Firebase & Firestore:Our core backend database and authentication framework.
Apple & Google App Stores:To handle secure transactional verifications.
Google AdMob & Analytics:To deliver contextual advertisements and monitor website performance.
Enterprise Accounting Software:For invoicing Industrial Services.
Overseas Disclosure: Because our infrastructure relies on global cloud networks, your data may be transferred to, stored, or processed on secure enterprise servers located outside of Australia (primarily within the United States or Singapore). By using our platforms, you explicitly consent to this overseas disclosure, acknowledging that our partners maintain industry-standard security certifications.
5.5 Data Security & Notifiable Data Breaches
We enforce industry-standard TLS encryption for data in transit and secure server-side routing. In the event of an unauthorized data breach posing a real risk of serious harm, we will act in strict compliance with the Notifiable Data Breaches (NDB) scheme under the Australian Privacy Act, notifying you and the OAIC without undue delay.
5.6 Data Access, Correction, and Deletion
You maintain the right to access, correct, or request the permanent deletion of your account, email, and personal data by contacting our support channel. Generalized mechanical faults submitted to our crowdsourced engine will remain in our systems after account closure but will be permanently anonymized and detached from your identity.
5.7 Children's Privacy
Our digital services and industrial contracting are not directed at children under the age of 13. We do not knowingly collect personal information from children and will immediately delete any such data if discovered upon notification.
PART VI: MISCELLANEOUS PROVISIONS
6.1 App Store and Google Play Acknowledgement
You acknowledge that this Agreement is concluded solely between you and Spline Systems Pty Ltd, and not with Apple Inc. or Google LLC. Spline Systems Pty Ltd is solely responsible for the App. Apple and Google have no obligation to furnish maintenance or support services and hold no liability for third-party claims regarding intellectual property infringement or product liability.
6.2 Severability
If any provision or clause of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed, and the strict validity and enforceability of the remaining provisions shall remain in full force and effect.
6.3 Entire Agreement & Modifications
This Document constitutes the entire agreement between you and Spline Systems Pty Ltd regarding your use of the App, the Website, and our Industrial Services. We reserve the right to modify this Agreement at any time. Material changes will be communicated via an in-app notification, website banner, or an update to the "Effective Date." Continued use of our services following any changes constitutes your explicit legal acceptance of the revised terms.
6.4 Contact Information
If you have any questions regarding this Agreement, legal matters, physical contracting, or privacy concerns, please contact:
Email:hello@splinesystems.com
Website:splinesystems.com
Entity:Spline Systems Pty Ltd (ACN: 699 073 188)
